WEBSITE TERMS AND CONDITIONS OF USE AND SALE
By using our Website, you agree to these Terms and Conditions of Use (“Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account.
SCOPE OF TERMS & CONDITIONS
The following are the Terms and Conditions of Use and Sale (“Terms & Conditions”) of Prime Meals, LLC, a Florida limited liability company, (hereinafter “Prime Meals”).
TERMS & CONDITIONS – IN GENERAL
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to do any one or more of the following with or without prior notice to you: (a) Deactivate your password; (b) Terminate your user account; (c) Delete all information in your user account; and (d) Restrict or block your access to the Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website. | From time to time, we may supplement these Terms & Conditions with additional terms and conditions (“Additional Terms”). You understand and agree that Additional Terms are automatically incorporated by reference into these Terms & Conditions. Use of the Website is only available to users who are 18 years of age or older and reside in the United States, or its possessions AND territories. Prime Meals makes NO claims that the Website OR ANY of its content is accessible from outside the United States. Should you access our Website outside of the United States, you do so on your own initiative and are responsible for compliance with local laws. ## RESTRICTIONS ON USE OF MATERIALS You acknowledge that this Website contains, or may contain in the future, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. | All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). Prime Meals and REAL FOOD REAL PEOPLE are trademarks owned by Prime Meals. Prime Meals reserves all rights in these trademarks and any other trademarks or intellectual property owned by Prime Meals. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in the Content. You may download the Content for personal use only. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
BECOMING A REGISTERED USER
There is no cost to becoming a registered user of our Website. You do not have to become a registered user to use this Website. However, you must be a registered user to order our food products (“Products”). From time to time, areas of the Website may be restricted for use by registered users only. You must register in accordance with instructions that you will find on this Website. | If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account or create a false or misleading identity on this Website. You may create an account on behalf of a family member or significant other who otherwise would not be able to register an account and manage it themselves.
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
PASSWORD AND USER SECURITY
If you are a registered user of this Website, you are responsible for (a) maintaining the confidentiality of your password; (b) maintaining the confidentiality of your user account information; and (c) all activities which occur under your user account. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password.
This Website does not provide weight loss management or advice. Prime Meals is not a medical organization, and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition.
Prime Meals does not provide medical advice. The contents of Prime Meals websites, such as text, graphics, interactive tools, images and other material contained on the site (“content”) are for informational purposes only. The content or any nutritional advice received is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. All nutritional advice provided by Prime Meals is for educational purposes only. All nutritional advice should be taken at the discretion and risk of the customer/visitor. Reliance on any information provided on Prime Meals websites, including information posted by other visitors to the sites, is solely at your own risk. Nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge. All educational content is intended for generally healthy people above the age of 18.
The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers.
PRIME MEALS FOUNDERS RATE DISCOUNT
Prime Meals holds the right to limit the number of members able to acquire the Founders Rate. Prime Meals provides the lowest possible price to include for our founding members. Prime Meals has the right to increase this rate at any time without written or verbal notice. The Founders Rate is one which will apply to all founding members for a designated area of delivery during a certain time and to apply for a period of twelve (12) months maximum period of time from the time of initial registration. During these 12 months a member is allowed one (1) week pausing period and must remain a member without an additional pause during the subscription of the meal orders and delivery. A member may request to reduce or increase the number of meals at any time during the 12 months period. A member may not use this Founders Rate to resell Prime Meals’ meals. The Founders Rate is intended for Consumers only and not for commercial purposes. Should Prime Meals have notice of resell has occurred, we may terminate the Founders Rate of said particular member. Prime Meals may make exceptions to the pause time frame due to emergency reasons, from time to time. Should this occur exception occur, the terms will still apply.
We make every attempt to avoid errors in pricing and product information. If a mistake occurs, we reserve the right to correct it, and we apologize for any inconvenience it may cause. All prices listed on the Website are in U.S. dollars.
DELIVERY FEE & ADDITIONAL FEE
Delivery fee is intended and added to every transaction processed through the Prime Meals Website. The delivery fee applies to all meal plans up to and including any Twelve (12) meals. Any order above 12 meals are subject to a $3.99 additional bag fee for each 12-meal count. This is required for delivery of all meals ordered to maintain an optimal cooling temperature for delivery. We condone recycling for the environment and to reduce our carbon footprint, we require that all delivery cooler bags be returned to Prime Meals. Should your subscription become terminated, you may ship the cooler bag back to Attn: RETURNS, Prime Meals, 12221 Pembroke Rd., Pembroke Pines, FL 33025 or incur a five ($5) US Dollar cooler bag fee. During weekly delivery we require that the cooler bag be left outside in the morning of the delivery day. Should the cooler bag not be left outside during delivery day for pick up, you will incur an additional $5 bag fee for each bag not picked up.
FOOD SUBSTITUTION POLICY Although Prime Meals takes every reasonable measure to obtain sufficient inventory to fill your order, availability of product(s) may change without notice. Prime Meals is not responsible for unavailability of product due to popular demand or discontinuation. Prime Meals reserves the right to substitute an unavailable product with a similar product. When making substitutions, Prime Meals will attempt to meet the requirements of your particular Prime Meals meal plan. Substituted food items may contain different ingredients and allergens than those in items originally ordered. If you have any food allergies or if you are otherwise concerned about any ingredients, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content prior to consumption of any of Prime Meals’ food products.
CROSS CONTAMINATION RISK
Please Note: Prime Meals’ food items may contain or may have been manufactured in a facility that also processes dairy, eggs, fish, shellfish, soy or tree nuts.
We have made every effort to accurately display the Products featured on the Website. However, the colors we use, and the capabilities of your computer monitor may affect the colors visible on your screen. As such, we cannot guarantee that your monitor’s display will be accurate.
CREDIT CARD SECURITY
PLEASE NOTE THAT NORMAL E-MAIL (SUCH AS USING “CONTACT US” OR YOUR HOME E-MAIL) IS NOT ENCRYPTED AND THUS IS NOT A SECURE MEANS FOR TRANSMITTING CREDIT CARD INFORMATION OR ANY PERSONAL INFORMATION YOU WISH TO KEEP PRIVATE AND SECURE.
Prime Meals currently accepts Visa, MasterCard, Discover and American Express for all orders. Payment for Products ordered will be processed at the time of placing such order. You agree to pay promptly all charges to your account (which includes items purchased and applicable taxes) for any order placed by you or anyone who you allow to use your customer identification number or password, including members of your family, friends or any other person. For your order to be accepted, your method of payment shall be validated and must have enough available funds required for the transaction. Upon approval, the order will be accepted for packaging and delivery. Prime Meals reserves the right to establish a spending limit for your account. Your right to order Products is also subject to limits established by your payment card issuer.
If you are dissatisfied with a meal, meal ingredient or a meal’s appearance on arrival, please contact us at email@example.com and our customer service agents will research the incident, and at their discretion, may offer credit in the form of Prime Meals Coins to the customer account. We may require photographic documentation of any meal with which you are dissatisfied before we issue a credit. Meals that did not meet your taste expectations are covered by a money-back guarantee of up to 100%. Guarantee applies to your first order only. Refund requests in accordance with this guarantee must be made by phone or email within 7 days of delivery. Meals that arrive unfit can be credited to the account for use in a future order. We value photos of any improper food arrival to continue improving our packaging. A customer service agent may request photographs be sent to accompany the reported complaint. We encourage all customers to remove meals immediately from their cooler bag and place in the refrigerator, inspecting containers as they are transferred. Meals delayed by our drivers must be communicated with our team in urgency so we may try to resolve this issue. Credit on orders that did not arrive due to driver or Prime Meals fault will be given in the form of Prime Meals Coins to the customer account. Prime Meals is not liable for packages undelivered due to incorrect addresses submitted by the customer. Orders may be modified at any time until the weekly cutoff of Monday at 6:59 pm EST via our website or by contacting us at firstname.lastname@example.org. We are unable to modify or cancel orders once the cutoff has passed as ingredients have been ordered.
We use a reliable third-party logistics software company to map out your delivery, that will generally deliver your meals prior to 9 pm EST on your Sunday delivery date or 1 PM EST on your Monday delivery date. Each cooler bag is carefully packaged to stay fresh until at least 4 hours after a delivery has been confirmed on the day of delivery. However, to maintain the highest quality and integrity of the meals after delivery, we recommend that you immediately refrigerate the items when you receive them. Furthermore, you should inspect your package to ensure the contents arrive in a cool, refrigerated condition. The best way to do this is to check the meat and fish with a thermometer to ensure their internal temperatures are 41F or below. If a fresh food product arrives at above 41F, you should contact our customer service and discard the item. If you are not home when a delivery arrives, our delivery person will leave the cooler bag for you at your door. Again, since our food is packaged with insulated liners and gel packs, it will remain cold and fresh until at least 4 hours after confirmed delivery. In the case of inclement weather, we will deliver your order as soon as reasonably possible when the conditions permit. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date for the delivery.
For your convenience, Prime Meals offers subscription services whereby you select a set of meals and a delivery date of your choosing and Prime Meals sends those meals to the location you have selected on a weekly basis. Should a week pass the cutoff time of 6:59 PM EST and no meal selection is made, PPRIME MEALS SELECT will be selected for that week’s delivery and every deliver till an alternate selection is made.
For subscription customers Prime Meals will bill the credit card on file on Monday prior to delivery date. By subscribing to our service, you are agreeing to pay recurring periodic subscriptions for an indefinite period until cancelled by you or us. You will not receive any advance notice of this payment, but you will receive post-payment confirmation by email. It is your responsibility to maintain current, valid payment information with Prime Meals. If your automatic recurring payment is declined, you will be contacted by phone or email. If we cannot contact you, we cannot guarantee that your meals will be delivered.
Subscription customers can select, change, pause, or cancel a meal delivery any time prior to the weekly cut-off time on Monday at 6:59 PM Eastern Standard Time. Orders cannot be modified or cancelled after the cut-off time. Unless notified by the subscriber prior to the cut-off, Prime Meals will prepare and deliver the meals selected in accordance with subscription terms and bill the credit card on file in accordance with our normal billing procedures. Order cancellations must be submitted prior to the cut-off time to take effect for the next week’s delivery.
WHEN YOU REGISTER FOR A SUBSCRIPTION (AND EACH TIME YOU CHANGE YOUR PLAN), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Prime Meals (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AN INDEFINITE PERIOD OF TIME UNTIL CANCELLED BY YOU OR US. THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEALS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT. YOU ACKNOWLEDGE AND AGREE THAT Prime Meals WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.
SUBSCRIPTION CANCELLATION POLICY
YOU CAN TURN OFF YOUR SUBSCRIPTION AT ANY TIME; HOWEVER, IF YOU TURN OFF THE SUBSCRIPTION AFTER THE CUT-OFF TIME HAS PASSED AND AN ORDER HAS BEEN PLACED, YOUR ORDER CANNOT BE CANCELLED OR CHANGED. YOU MUST TURN OFF YOUR SUBSCRIPTION PRIOR TO THE CUT-OFF TIME TO TAKE EFFECT FOR THE NEXT WEEK’S DELIVERY. YOU MAY RE-SUBSCRIBE AT ANY TIME PROVIDED THAT Prime Meals RESERVES THE RIGHT TO NOT PERMIT RE-SUBSCRIPTION WHERE Prime Meals HAS PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU. TO TURN OFF YOUR SUBSCRIPTION AND CANCEL ALL FUTURE ORDERS:
YOU MAY EMAIL email@example.com AND IN THE SUBJECT FIELD TYPE “CANCEL SUBSCRIPTION” AND USERNAME (IF DIFFERENT THEN YOUR EMAIL).
CALL 1-833-857-7463, SPEAK TO A Prime Meals
REPRESENTATIVE AND REQUEST TO CANCEL
AND A CUSTOMER SERVICE REPRESENTATIVE WILL ASSIST YOU WITH CANCELLING YOUR SUBSCRIPTION. YOU MAY RE-SUBSCRIBE TO Prime Meals AT ANY TIME PROVIDED THAT Prime Meals RESERVES THE RIGHT TO NOT PERMIT RE-SUBSCRIPTION WHERE Prime Meals HAS PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.
PRIME MEALS INTELLECTUAL PROPERTY
The entire contents of the Website are copyrighted as a collective work under the laws of the United States and other copyright laws. Prime Meals holds the copyright in the collective work. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Prime Meals or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms and Conditions permit you access to the Website for your personal, non-commercial use only. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Website solely for your own non-commercial use or any other expressly permitted use (e.g., in the case of electronic coupons, etc.). You may not otherwise reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You may not (i) modify copies of any materials from the Website; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You may not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Prime Meals. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
RESOLVING DISPUTES — ARBITRATION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 1-833-857-7463. If Prime Meals’ customer service department is unable to resolve your complaint to your satisfaction (or if Prime Meals has not been able to resolve a dispute between us after attempting to do so informally), we each agree to resolve any disputes through binding arbitration or in a small claims court of competent jurisdiction instead of in courts of general jurisdiction. All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court of competent jurisdiction or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and Prime Meals agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR Prime Meals SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
TELEPHONE CALLS AND SMS TEXT MESSAGES
MANNER OF GIVING NOTICE.
All notices, permissions and approvals hereunder will be in writing and will be deemed to have been given upon: (a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) the first business day after sending by email. Prime Meals will send notices to the address you provide to Prime Meals during your use of the Program. You agree to send notices to Prime Meals to the following address: Attn: Chief Executive Officer, Prime Meals, 12221 Pembroke Rd., Pembroke Pines, FL 33025.